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FOLLOWING TODAY’S HIGH Court ruling against Denis O’Brien, the businessman released a statement to say that he was disappointed with the decision but would consider the matter carefully before deciding whether or not to appeal to the Supreme Court.
O’Brien had taken a case against the Dáil and the State, centred on certain statements made about his business dealings in the Dáil chamber by Social Democrats TD Catherine Murphy and Sinn Féin TD Pearse Doherty.
The comments were made on 6 May 2015 during a debate on the sale of Siteserv.
He had alleged that the statements that were made breached his constitutional right to privacy, and were prejudicial to another legal action he had taken against RTÉ.
Ruling against him today, Judge Úna Ní Raifeartaigh said the statements did not decide the RTÉ case, and that Dáil utterances are protected from judicial condemnation and court interference.
While O’Brien admitted disappointment at the decision, he also said that was “encouraged by several sections of the judgement” handed down by Judge Ní Raifeartaigh.
“Most importantly, I am encouraged by the fact that the court appeared to appreciate that current operation of parliamentary privilege as found by the court, warrants a review,” he said.
O’Brien said he was also encouraged by the court’s acknowledgement that the case raised “important issues” as to what role the court plays when the “principle of comity” is breached.
He singled out a section from the 100+ page judgement as he was “also encouraged by the court’s findings on the facts of [his] case”, which included this line referring to the Dáil utterances: “This was as far from an accidental slip of the tongue on the floor of the House as one could imagine”.
In a pointed remark, O’Brien also said:
I would like to record my appreciation for the courteous hearing I was afforded by the court and the careful judgement of the court. This is in marked contrast to the treatment I received from the Dáil and its committee.
He closed the statement by saying that intend to “study today’s judgement in detail before making a decision to appeal”.
Speaking to reporters following the ruling, Kildare deputy Catherine Murphy said she is “very pleased with the judgement”.
“It’s very comprehensive. The bottom line – and the judge made the point – [is] that TDs should be judged in the court of public opinion and there is a separation of powers between the courts and the Oireachtas.
In a statement, Pearse Doherty said that the ruling is “very welcome at it vindicates” both himself and Murphy and “makes it clear that [their] comments, made under Dáil privilege, did not affect the outcome of [O'Brien's] case against RTÉ”.
He added that the judgement “provides absolute clarity and lifts the concerns of TDs of raising issues of national importance”.
With reporting from Christina Finn
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Ponder away. Job well done Catherine Murphy..
I can comment on a DOB story …suddenly I don’t know what to say
The corrupt rich don’t like exposure. Well done Catherine Murphy.
@Dave Thomas: Lord knows I hate capital punishment but a few food vans and a nice big guillotine in the garden of Leinster House would be a delightful treat every weekend during the summer. Weather permitting of course.
@Cillín Ó hEadhra: Would make for a great day out :)
https://www.youtube.com/watch?v=z6LG67DaBA8
@B McQ: Perrrrrfect
@Cillín Ó hEadhra: you would want some blade to cut the hard necks of most of those chancers.
Just P1$$ off Denis will ya
@Cathal: Its just KARMA
I actually belive this specific incident was an abuse of privilege and one of the reasons people have supported it is because it’s DOB. It does however mean that a TD can choose to make essentially any statement about any person within chamber without legal recourse. They may be asked to expunge/correct the Dail record but regardless I think that is a scary position to be in.
And they can make decisions and laws which govern us, yes it’s scary being in power, it bloody well ought to be it’s a huge responsibility.
@Karl Alldritt: i am all for naming names under Dail privilege, without this too many dodgy buddies of the government would be under the radar.
Can see another sly change to Dail standing orders on the last day before the summer holidays. Happened last year to TD’s expenses, they are now a secret.
Dennis will put a bit of pressure on Dame Enda.
“While O’Brien admitted disappointment” Must be a big blow when your not used to having your wishes refused.
@Kerry Blake: Doesn’t matter. This case served its strategic purpose, which was to remind the whole world that Denis O’Brien doesn’t care who you are, how morally sound your case is or how solid your legal argument – he has deep pockets and will drag you through expensive and time consuming litigation if you get in his way.
Winning would have been just a nice bonus.
Wonder what the indo will say on Sunday?
@Stouts O Shea: probably nothing
@Alan mulvey: nothing
Noonan can sort him out with mates rates property to console him.
So will there be a big blank page on the Indo on Sunday or will they blame sinn feinn?
The one law for the rich didn’t work this time :-).
Not a disappointing ruling at all! :)
Wonder what the political fallout will be and which political parties or individuals political donations will dry up.
It’s Karma, but not enough of it
Pity he didn’t quote Moriarty
Denny ” NO MATES”
@Tony Hartigan: Not within the Irish Judges anyway. Ireland 2 Dinny 0.Go Ireland.yahoooo.
Take all the time you like you tax avoiding pr*ck
Happy days he Lost.
A pint to celebrate me thinks!
Enda will give him all the support he wants. Those lesser beings, Catherine Murphy and Pearse Doherty can’t be allowed to run down a man of Dennis’s stature and big donator to FG.
Back to Malta with you you bollocks
Denis owld son, there are no pockets in a shroud, you cant take your money with you so you might as well waste it on appeals, at least you are keeping poor improvised lawyers in clover!
@Gus Sheridan: will you be sending Catherine a Christmas card this year?
@Gus Sheridan: talking to yourself? Oh and while I’m here. DOB is a knobjockey
@Ironballs: haha yes sometimes I do!
Poor Susie isn’t a happy camper!
I`m just waiting for the real story about D` OB to come out, the Moriarty report is only the first chapter, there`s lots more, only the tip of the iceberg, I could say things here but it would be not be left up for 5 minutes.
There will be a collection for DOB at Mass next Sunday. I will contribute. Yeah Right.
@Brendan Mason: Knowing the manoeuvres of this man it’s not completely outside the bounds of reality Brendan!
C***hawk
He might want to ponder how the dreadful tv3 handled the story this evening, I got a sense Mr Desmond was hiding under Collette’s table prompting her on what to say in a sympathetic manner.
Well done that Judge.The bloody cheek of this tax exile to challenge Bunracht na hEireann.
Who does he think he is,just because he made millions/billions from a corrupt deal,ably assisted by a Nort Tipp TD(Moriarty Tribunal)who found the both of them Profundly Corrupt,the bloody cheek of him.
I’m sure Edna will get him a nice friendly judge for the appeal. It’s time that a whistle-blower from his staff popped up and delivered the goods.
I would also like to record my appreciation for the courteous way I was afforded information by Catherine Murphy and the careful judgement of her, in telling me who was perpetrating a convenience scam against me. This is in marked contrast to the treatment I received from The Dennis and his committee of corrupt overpaid sycophants.
@Cillín Ó hEadhra: I am with ya there
I cried a river, for Denise and played the violin for him also.
Swivel!!
@Patrick James Walsh: ara go on
Wow the Independent.ie has dropped this story
The Indo is the Unik of Irish media
Disgusting
The nerve of these judges….
I think he might just have more to hide, who knows?
Denis would you politely just p### off
My good friends, there is a new fruit available in Ireland. Beautiful, fresh, green (?) Bramley apples, delicous to taste and pleasing on the eye and the bananas wither woefully. Judge Úna is in charge of the orchard…..a momentous day in Ireland and a sign of better days and better decor in Ireland. Nar lagadh Dia thu a h-Úna….
Now they need to go after him harder, bury the pirck
Suppose he will head back to his tax exile base now. He must be bitterly disappointed that he couldn’t censor the government of the people who actually reside in this country.
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